TWN
THE WASHINGTON NEWSPAPER
Remembering sailor, journalist & author Jo Bailey
January 2018
Journal of the Washington Newspaper Publishers Association
Legislative records lawsuit gets hearing; ruling expected soon A ruling is expected Jan. 19 in the lawsuit challenging the assertion that Washington State lawmakers don’t have to comply with public disclosure rules that apply to other elected officials and agencies. The suit was filed in September by the Associated Press and a coalition of other media organizations, including WNPA. Whether or not individual lawmakers in Washington state fall under statutory definitions that would require their records to be subject to more stringent public disclosure was at the heart of a two-hour hearing last month. Thurston County Superior Court Judge Chris Lanese peppered attorneys for both the Washington Legislature and the media with numerous questions, trying to pin down why lawmakers believe they don’t have to turn over records ranging from daily calendars to work emails, and whether tweaks to state statutes over the years exempted lawmakers. “I think you can tell by my questioning that I am somewhat skeptical that legislative offices are not subject to the public records act,” Lanese said. Lanese said that he would not issue a ruling in the case until he receives more information from both sides, as well as a legal brief that he requested the Attorney General’s Office to submit in two
weeks. The lawsuit focuses on how the Washington Legislature interprets a 1995 revision to a 1971 definition of legislative records. Lawyers for the House and Senate regularly cite that change as a reason to withhold records, arguing that most lawmaker records are not considered public. That is despite voters overwhelmingly passing an initiative in 1972 that affirmed the public’s right to “full access to public records so as to assure continuing public confidence in fairness of elections and governmental processes, and so as to assure that the public interest will be fully protected.” In previous court filings, attorneys for the Legislature have also argued that later changes in 2005 and 2007, when the public records act’s language and definitions were incorporated into a separate state statute, definitively removed lawmakers from disclosure requirements. No bill report, testimony or floor debates on those measures in any of those years indicated that the Legislature’s goal was to exempt legislative records from disclosure. Lanese asked the Legislature’s lead attorney, Paul Lawrence, how he defines “state office” — one of the definitions in question. “I think the question is whether or not state office would inSee LAWSUIT Page 2
Brian Myrick of the Daily Record in Ellensburg won third place in the Photographer of the Year Category in the 2017 Better Newspaper Contest with shots like this.
Legislative Day registration now open
Registration is now open at wnpa.com for Legislative Day. Sponsored by the Washington Newspaper Publishers Association and Allied Daily Newspapers, the event is Feb. 8 and includes meetings with state appointed and elected officials and Legislative leaders, a reception at the Supreme Court and dinner with Gov. Jay Inslee at the Governor’s Mansion. The day begins at 10 a.m. in the Senate Rules Room in the Capitol Building with a legislative report from Rowland Thompson, the Executive Director of Allied Daily Newspapers. After a short break, presentations begin at 11 a.m. with state elected officials and legislative leaders that goes to about 3:30 with a half hour break for lunch. Following the briefing, attendees move to the Temple of Justice for a reception with State Su-
preme Court justices and the day concludes with dinner at the Governor’s Mansion. The cost for a full registration is $100. A la Carte registration is also available for attendees who want to attend a portion of the event. To register, go to wnpa.com, scroll down and click on the Legislative Day tile. You do not need to sign in to the website to register. Attendance at the dinner is limited, so early registration is advised.